>> Thursday, October 26, 2017

SABANGAN,
Mountain Province – Sooner or later, if Hedcor won’t watch out, its hydro plant
here could be bombed by the armed men who bombed the power firm’s facility in
adjacent Bauko town Oct. 10.

The
perpetrators, purportedly New People’s Army rebels belonging to the Leonardo
Pacsi Command accused Hedcor of undermining the proper Free Prior Information
Consent conducted in 2011 by the National Commission on Indigenous Peoples.

They said surrounding communities were not
included who similarly have the right to their ancestral land and
watershed.

Here in adjacent Sabangan, despite opposition
posed by indigenous people of its ancestral domain and complainant Melchor
Bao-idang, Jr., the National Water Resources Board and Dept. of Environment and
Natural Resources reportedly granted the petition of Hedcor Sabangan, Inc. for
increase of allowable maximum volume of water under water permit no. 022982
which was originally not to exceed 814.95 liter per second

The
ruling by NWRB-DENR through resolution passed on Aug. 23 and transmitted Sept.
27 read: “The protest filed by
the Indigenous Peoples of the Ancestral Domain of Sabangan, represented by
Noela Paredes and Camilo Luken and one private complainant, Melchor Bao-idang,
are hereby denied for lack of merit, While the petition for increase in
allowable Maximum Volume of Water granted under water permit 022982 filed by
Hedcor Sabangan, Inc. is hereby Granted with the following terms and conditions:
a, If the available flow is greater than or equal to 7,108 liter per
second(LPS), the maximum diverted flow is 6,895 LPS. B.If the available flow is
less than 7,108 LPS, the flow to be diverted is equal to the available flow
less 213 LPS (Environmental Flow) c. If the available flow is less than or
equal to 345 LPS (turbine requirement) no water diversion is allowed.”

According to protesting parties, NWRB gave
weight to contentions of Hedcor through their submitted documents without
conducting ocular inspection for validation of issues raised.

They said the government bodies and Hedcor
disregarded issues raised by protesters on FPIC process done by NCIP without
notice to and participation of elders and leaders of 13 barangays of
Sabangan other than Namatec and Napua.

Protesters said there was no consent given by
the entire domain of Sabangan on granting of water permit, more so to petition
for increase.

“It is deceitful on the part of Hedcor to
apply for increase in allowable maximum volume of water without consulting the
elders and leaders of the entire domain,” they said in a statement.

“The interest of the entire domain was not
considered therefore, benefitting barangays Namatec and Napua only. Increase in the volume of water allowed to be
harnessed by Hedcor should also redound to the benefit of the entire domain
covering 15 barangays. Hedcor violated
the terms of its permit when, without obtaining the consent of the entire
domain and without securing the necessary permit, it diverted water in excess
of the allowed maximum volume of water.”

Noela Paredes said the FPIC was not issued
for the water permit of Hedcor not only because of lack of consultation with
all elders and leaders of the Sabangan ancestral domain but for the fact that
it violated Section 59 of the Indigenous Peoples Rights Act, which reads:
"Sec. 59. Certification Precondition.- all department and other
governmental agencies shall henceforth be strictly enjoined from issuing,
renewing, or granting any concession, license or lease, or entering into any
production-sharing agreement, without prior certification from the NCIP that
the area affected does not overlap with any ancestral domain. Such certificate
shall only be issued after a field-based investigation is conducted by the
Ancestral Domain Office of the area concerned: Provided, That no certificate
shall be issued by the NCIP without the free and prior informed and written
consent of the ICCs/IPs concerned: Provided, further, That no department,
government agency or government-owned or -controlled corporation may issue new
concession, license, lease, or production sharing agreement while there is
pending application for CADT: Provided, finally, That the ICCs/IPs shall have
the right to stop or suspend, in accordance with this Act, any project that has
not satisfied the requirement of this consultation process."

Parades said, “The indigenous people of
Sabangan are hopeful for a proper FPIC where all elders/leaders of the entire
Sabangan ancestral domain are consulted so that the NWRB and the other
concerned agencies will explain the implications of granting water permit to
HEDCOR as they were told that a water permit is a perpetual permit as no time
limit was indicated.”

“They would like to know the maximum benefits
allowable by law which they could get in exchange for the permit as they
understand that the Indigenous Peoples Rights Act (IPRA) allows them to
negotiate for more benefits other than the mandatory benefits in the energy law
and related laws. Documentation of the NCIP FPIC process mentioned by
Hedcor showed these issues/concerns were not discussed nor presented to the
indigenous people of barangays Napua and Namatec.”

Paredes said “should NWRB have granted their
request for an FPIC or consultations among the indigenous communities, this
would have given Hedcor the opportunity to a genuine and sincere dialogue with
its host indigenous community for more than 20 years, the remaining period of
its 25 year contract with the Dept. of Energy that would redound to peaceful
prosperity for both parties concerned. What happened is only DOE sought NCIP
certification precondition hence the FPIC process. NWRB should have also sought
certification precondition, separately, from NCIP so that NCIP will require
NWRB to explain to the indigenous people of Sabangan the meaning and the
negative and positive implications and impact as well as benefits of a water
permit.”

She said they are contemplating to make an
appeal on the decision because they are not giving up their fight for the sake
of the future generations.

“It
is very sad however to think that the municipal officials and barangay
officials were properly informed and yet they submitted resolutions expressing
their full support for the maximum operation of the hydropower plant which was
used by Hedcor to convince NWRB for their petition and wantonly set aside our
arguments.” Paredes added.

As for Bao-idang, he complained that his
three parcels of land along the riverbank were affected by the diversion of
water by Hedcor. He said excessive intake of water made the creek dry
especially during summer, and, that he was not compensated.

On Dec. 1, 2016, Hedcor was reportedly
penalized in an order passed by NWRB –DENR for extracting water beyond the
amount granted under their water permit which is 814.95 LPS.

The meted penalty is P1,000 per day of
violation which was computed to P405,000. Local folks said Hedcor was in
violation for more than a year since they started their operation. Had it not
been reported by the protestants to the NWRB-DENR who went to investigate the
said violation, Hedcor could have got away with it and continue short-changing
the government unnoticed, they said in a statement.

Hedcor’s facility at Sitio lukong, Otucan
Norte, Bauko, that serves as tapping point was bombed by heavily armed men on
Oct. 10, at around 10 p.m., a few days after the transmittal of NWRB's ruling
on Hedcor’s water permit.